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Decisions of the Superior Courts of New South Wales, 1788-1899

R. v. Smith and others [1820] NSWKR 18; [1820] NSWSupC 18

breach of the peace

Court of Criminal Jurisdiction
Wylde J.A., 31 July 1820
Source: Sydney Gazette, 5 August 1820

           James Smith, John Cooke, and Jemima Smith, were indicted for a breach of the peace. It was proved in evidence that the prisoner James Smith had on the morning of the 30th of June last, at Parramatta, not only disturbed the peace of the neighbourhood, but violently assaulted with a bludgeon some of the peace officers (Thomas Smith), who had repaired to the spot from whence the cries of murder had been repeatedly heard; and who endeavoured, by every specific method, to preserve tranquillity; but, upon his friendly interference received from the prisoner James Smith the most brutal treatment, having felled him to the ground, and continued beating him in a dreadful manner, which would in all probability, had not timely assistance been afforded, terminated fatally. The only act of criminality that appeared to attach itself to the prisoners, John Cooke and Jemima Smith, was that of not endeavouring to prevent maltreatment of the Constable in the execution of his duty; they received an admonition from the Court, and were discharged; but the prisoner, James Smith, being convicted of a most unwarrantable and aggravated infraction of His Majesty's peace, was sentenced to six months imprisonment, pay a fine of £10, and be further kept in custody till said fine be paid.

Published by the Division of Law, Macquarie University